Mercedes union hearing wraps up; decision in UAW organizing dispute could take years

Wednesday

Apr 9, 2014 at 11:00 PMApr 9, 2014 at 11:29 PM

BIRMINGHAM | A Mercedes worker's complaint about not being able to pass out pro-union literature and union authorization cards near the Mercedes-Benz U.S. International auto assembly line has turned into a federal case that played out this week in Birmingham.

By Patrick RupinskiBusiness Editor

BIRMINGHAM | A Mercedes worker's complaint about not being able to pass out pro-union literature and union authorization cards near the Mercedes-Benz U.S. International auto assembly line has turned into a federal case that played out this week in Birmingham.The complaint resulted in a three-day National Labor Relations Board hearing before an administrative law judge.The hearing ended Wednesday as two NLRB attorneys and an attorney from the United Auto Workers tried to convince the judge that Mercedes violated federal law by restricting workers' efforts to form a union.Three attorneys for Mercedes, meanwhile, attempted to show that the company tried to accommodate workers, both those favoring the union and those opposed, by allowing them to pass out information in nonproduction areas in the plant and outside on company property.It might be months before the judge issues his opinion, which then could then be appealed to the full National Labor Relations Board in Washington, D.C. Additional months could pass before the board rules.There's no timetable for the board to release its decision, said Mercedes attorney Marcel DeBurge of Birmingham. The NLRB decision could be further appealed to the federal appeals court and then possibly even to the U.S. Supreme Court. In the end, the final decision might take years, he said.On Wednesday, Mercedes attorneys called several employees to testify. Some had knowledge of the incident last May that prompted the complaint. It occurred when a worker denounced Archie Craft, MBUSI's vice president of human resources, accusing him of violating a neutrality agreement signed by Daimler AG, which owns Mercedes, and the UAW.The incident occurred in a team center adjacent to the assembly line on a Sunday night before the assembly line was running.Mercedes said it has given workers cafeteria and sometimes team centers. The team centers are places near the production line where workers gather before the start of their shifts.Mercedes does not allow literature to be handled out in the team centers when the assembly line is running, but does allow it when the line is shut down for breaks or lunch.Craft's letter sent to employees said they were free to decide for themselves whether to form a union, but they should know that signing a union authorization card was a legally binding document.The cards being used in the union drive indicate the signer wants UAW representation but it does not specifically call for a secret ballot election to authorize a union.Usually when a union gets a sufficient majority of employees to sign the cards, it petitions for an NLRB election.Susan Reed, the UAW's organizer, said after the hearing that the cards are the standard ones used by the UAW. She said the UAW and its president, Bob King, both want to see a union election at MBUSI. But she noted employers are free to recognize a union voluntarily when a majority of employees call for an election. She said that is highly unlikely to happen at Mercedes because of the animosity that has developed.Meanwhile, as the hearing wound down, the final witness testified about being distracted by a pro-union worker who has disrupted employees on the assembly line.Elke Humphrey said she complained to her team leader after being approached while working on the assembly line by an employee who wanted to get her to sign a union authorization card.She said assembly line workers have about 90 seconds to do their work on each vehicle before it moves along on the assembly line and the next vehicle enters their work area.“It's integral work, and you have to pay attention to what you are doing,” she said.“I was working my job, and all of a sudden there was a man walking on the line and talking to people,” she said. “He said good morning to me and asked me if I want to know about having a union at the company. I said 'no' and then he asked me if I wanted to sign a union card. I said, 'No, thank you. I have enough hands in my pocket.' ”She said the man said OK and moved down the line to talk to the next group of workers “and that's when I pulled the line (a signal for assistance) to alert my team leader.”Mercedes said it does not police conversations workers have with each other while they are working but insists conversations should not interfere with workers getting their job done, and that it expects its employees to concentrate on their jobs and not transact other business while working.